notice inviting e-tender bharat petroleum … · in the state of madhya pradesh at bpcl premises...

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NOTICE INVITING E-TENDER

BHARAT PETROLEUM CORPORATION LIMITED TERRITORY MANAGER (LUBES) BHOPAL

A BLOCK , OFFICE COMPLEX, GAUTAM NAGAR, BHOPAL-462023 MADHYA PRADESH .

TEL NO. 0755-4232251 ,2784958

Tender no WR/Sec.trpt/RAIRU/2016-2018 Date : 25.02.2016

Subject

E-Tender for Appointment of Secondary

transporter at BPCL Lube Depot at

RAIRU(GWALIOR) in the state of MADHYA

PRADESH.

Pre-bid meet for clarification on tender

condition will be conducted at BPCL

Territory Office at BHOPAL

22.03.2016 at 14.00 Hrs

Due date & time of submission of tender 05.04.2016 at 15.00 Hrs

Date & time of opening of technical bid 05.04.2016 at 15.30 Hrs at BPCL , Territory

Office BHOPAL

Contract period

Two years w.e.f. 13.04.2016 , Initially for the

period of one year and extendable by another one

year at sole discretion of BPCL at same rates,

terms and conditions.

Earnest Money Deposit – in the form DD Rupees One Lakh (Rs. 1,00,000/-)

Security Deposit – in the form of BG Rupees Ten Lakh (Rs. 10,00,000/-)

Tender Fee – in the form of DD Rupees One Thousand (Rs. 1,000/-)

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25.02.2016

NOTICE INVITING E TENDER Secondary Transporter Required at RAIRU, M.P.

For MAK Lubricants WR/Sec.trpt./RAIRU/2016-2018

Bharat Petroleum Corporation Limited wishes to appoint a secondary transporter, for transportation of Lubricants for a period of 2 years, from 13.04.2016 (initial period of 1 year and extendable by 1 more year) at RAIRU, in the State of MADHYA PRADESH at BPCL premises through Two Bid tender process (Technical & Commercial), who meets following criteria: a) The applicant should have experience in transportation of packed goods in cartons/pails either in lubricants or in FMCG products with reputed private / public sector companies during the last 5 years. Applicants who have operated BPCL should necessarily obtain and enclose a certificate for satisfactory performance from concerned Territory Manager which should be issued within one month of issue of above tender. b) The successful tenderer should be in a position to provide Security deposit by way of Bank guarantee for Rs TEN Lakhs (Rupees 10,00,000 ). c) You are requested to do E bidding with payment of Rs1000/- (Rs One thousand only) as tender fee per set(non-refundable) and EMD for Rs 1,00,000/-(Rs One Lakh only) by way of DD in favour of ‘Bharat Petroleum Corporation Limited’ payable at MUMBAI.. The name of the tenderer must be mentioned on the reverse of Demand draft. d)The tender paper may be downloaded from our website www.bharatpetroleum.in OR https://www.bpcleproc.in and DD for Rs.1000/- (Rupees One thousand only) as tender fee per set (non-refundable) and EMD for Rs 1,00,000/-(Rs One Lakh only) by way of DD in favour of ‘Bharat Petroleum Corporation Limited’ payable at MUMBAI should be attached with the Technical Bid. The tender documents which need to be deposited in the physical form, should be submitted at the following address:-

Territory Manager (Lubes), BHOPAL

BHARAT PETROLEUM CORPORATION LIMITED, A , Block Office Complex, Gautam Nagar,

BHOPAL- 462023, MADYA PRADESH. Contact No: 0755-2784958, 4232251

Mobile: 9826020983 You are required to submit tender documents in soft form at our website—https:www.bpcl.eproc.in>>Division>>Lubes west marketing. Last Date for submitting the duly filled in tender documents in soft and physical form completed in all respects at the above address is 05/04/2016_on or before 1500 hrs and the technical bid will be opened at 1530 hrs in the presence of tenderers at the above address on the same day. Tenders received late for whatever reasons/without EMD, submitted at the wrong address/in open or stapled condition/incomplete in any other respect will not be considered.

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The Corporation reserves the right to reject any of the tenders without assigning any reasons whatsoever.

Regional Manager Lubes WESTERN Region

Bharat Petroleum Corporation Limited 6TH Floor, Plot No 6 sector II

Kharghar, Navi Mumbai--410210

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TENDER FORMAT FOR APPOINTMENT OF SECONDARY TRANSPORTER

ANNEXURE A

Ref no: WR/Sec.trpt./RAIRU/2016-2018 Date:25.02.2016

To, M/s(Tenderer)

Dear Sir,

Sub : Tender reference WR/Sec. trpt./RAIRU/2016-2018 dt 25.02.2016 for Lubes Secondary transporter at RAIRU, M.P.

We are providing the following tender documents:-

a) Check list by tenderer (Annexure B) b) Statement of credentials (Annexure C). c) General terms & conditions, scope and responsibilities of Lubes Secondary

transporter and common terms and conditions (Annexure D). d) Draft Lubes Secondary transporter Agreement (Annexure E) e) Bank guarantee format (Annexure F) f) Declaration by Tenderer (Annexure G) g) Commercial bid—to be uploaded in price bid in E tender

h) Technical evaluation Format ( Annexure H) i) You are requested to mark envelope as “Technical bid”, and put the

documents which are required to be submitted in physical form. Pl mark this envelope as “Tender Ref No. WR/Sec. trpt./RAIRU/2014-2016 for Lubes Secondary transporter at RAIRU”. “Commercial bid is to be submitted on line under price bid section

NOTE—please ensure as above

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Documents required for Technical Bid :

For the purpose of technical evaluation following documents need to be submitted in physical form in the envelope marked “Technical Bid”. In the event of non submission of any of the following documents the tender will be rejected at the first stage of technical bid evaluation itself.

i A) notice inviting E tender and Annexure A: read, accepted and digitally signed soft copy for having read, understood and agreeing to comply with the same.

B) check list by tenderers (Annexure B) duly filled, signed and rubber stamped by the tenderer on all pages in physical form

ii Statement of Credentials (Annexure C): Duly filled, signed & rubber stamped by the tenderer on all pages in physical form.

iii General Terms & conditions, scope & responsibilities of Lubes Secondary Transporter (Annexure D): read, accepted and digitally signed soft copy for having read, understood and agreeing to comply with the same.

iv Draft Lubes Secondary Transporter agreement (Annexure E) read, accepted and digitally signed soft copy for having read, understood and agreeing to comply with the same.

v Bank Guarantee draft format (Annexure F) read, accepted and digitally signed soft copy for having read, understood and agreeing to comply with the same.

vi As tender paper is downloaded from our website

www.bharatpetroleum.in or https://www.bpcleproc.in, DD for Rs 1000 (Rupees five Thousand only) per set (non-refundable) in favour of ‘Bharat Petroleum Corporation Limited’ payable at MUMBAI should also be attached with the technical bid in physical form. The name of the tenderer should be mentioned on the reverse of the DD.

vii Declaration by tenderer (annexure G) in physical form. As tender paper is down loaded signed & rubber stamped on all pages for having read, understood & agreeing to comply with the same.

viii DD for Rs 1,00,000 (Rupees One lakh only) drawn only on a scheduled bank in favour of ‘Bharat Petroleum Corporation Limited’ payable at Mumbai towards EMD. The name of the tenderer must be mentioned on the reverse of the Demand Draft. This should also be attached with the technical bid in physical form

ix Notarized copy of work experience certificate for transporation, i.e. letter of intents or agreements issued by clients during the last 5 years. Applicants who have operated as transporter with BPCL should necessarily obtain and enclose a certificate for satisfactory performance from concerned Territory Manager which should be issued within one month of issue of above tender. Also in case transporter is applying for the same depot sec. transportation, then the performance will be evaluated against the performance certificate for the concerned Depot only. This should be in physical form

x Notarized copy of last three years audited balance sheet & Profit and Loss a/c and auditors report along with last 3 years Income Tax Returns. In case of the individual or the firm is not required to get the P&L and balance sheet audited even then the tenderer should enclose P&L statement duly signed by Chartered Accountants. This should be in physical form

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xi Power of Attorney for the authorized signatory in original in case of firms other than sole proprietor. This should be in physical form

xii Notarized copy of PAN card in the name of tenderer and ward / circle / range where assessed to income tax along with Notarized copy of the last three years Income Tax Returns. This should be in physical form

xiii Solvency certificate (original) for Rs. 10 lakhs (Rupees Ten Lakhs) issued by a scheduled bank on their letter head clearly stating that the tenderer is solvent to the extent of minimum of Rs. 10 Lacs, issued during the last three months. This should be in physical form Any tender received with counter terms & conditions or overwriting without signature or incomplete or not having specified enclosures / documents mentioned above shall be rejected without any further communication.

Commercial bid

Commercial bid –should be submitted in price bid section of E tender only

Only one envelope sealed and marked “Technical Bid” must be put in tender box and the envelope should also be marked as “Tender Ref No WR/Sec. trpt./RAIRU/2016-2018 for Lubes secondary transporter at RAIRU, M.P..”

Other conditions I. EMD will be forfeited and tender will be cancelled, if the tenderer:

a) Modifies / withdraws the offer during the validity period of 120 days. b) Refuses to sign the contract within 15 (fifteen) working days from the date of issue of Letter of Intent by the Corporation. c) Does not furnish requisite security deposit by way of bank guarantee from a scheduled bank within 15 days from the date of Letter of intent issued by the Corporation. d) Does not commence the operations of Sec. Tpt. by the due date advised by BPCL. Any change in the commencement date should be agreed by the Corporation in writing. e) If information provided in the offer is found to be false or incorrect.

II. Refund of EMD:

EMD would be refunded to the unsuccessful tenderers within 15 days of finalization of the tender. In the case of successful tenderer, the EMD would be refunded only after completion of all the formalities i.e. signing of contract, submission of requisite Bank Guarantee , placement of owned vehicles within stipulated time etc.

No interest shall be payable on EMD.

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INSTRUCTIONS TO THE TENDERER :

1. The current sales volume of business is approx 614 MT per annum. The additional volume includes approx. 20 MTs per annum of Stock Transfer Quantities i.e Stock Transfer from RAIRU Depot to other company depots). The Sec. transporter would normally cater to the areas of the state of M.P..

2. In case of secondary transportation, the average monthly running (one way) of the

vehicles (generally 2 MT vehicle ) is expected to be 3414 Kms. Average load size for deliveries is normally expected to be 2 MTs per trip but certain times a smaller load or larger load also should be delivered . However, please note that the volume / area / running and load size of vehicle mentioned above are only indicative and Bharat Petroleum Corporation Limited does not guarantee minimum or maximum volume of business, area of operation / load size or running of vehicles. The tenderer should own minimum one 2 MT LCV or should be able to

buy the same within 15 days of date of letter of intent. The secondary transportation rate in price bid should be quoted as one fixed basic rate for two years with a clause of escalation/de escalation on HSD price. The escalation/de escalation will be applicable on monthly basis and shall be effective from first day of immediate next month, whenever there is change in price of HSD during a particular month. The price of HSD at the time of floating tender will form the base price for calculating escalation/de escalation during the entire tenure of contract period of two years.

Secondary Transportation Estimated Volume in MT Per Annum District Current Volume in

MT per annum Average One

way Kms

Ashok Nagar M P 15 261

Bhind, MP 46 112

Chhattarpur M P 127 233

Datia, MP 4 111

Guna, MP 58 250

Gwalior ,MP 252 48

Morena, MP 42 64

Shivpuri, MP 37 156

Tikamgarh, MP 27 237

Sheopur, MP 5 249

Total Sales 614

Stock Transfer to Bakania 10

Stock Transfer to Mangalia 10

Total Sales+stock transfer 634

Note : The volume indicated will vary from year to year depending on the various factors like business environment, entry of new players, launching of new brands by BPCL etc. hence BPCL does not guarantee minimum volume from SECONDARY TRANSPORTER on year to year basis.

3. Tenderers who needs any type of clarifications with regard to the terms and

conditions of the tender can seek clarification from

Territory Manager (Lubes), BHOPAL BHARAT PETROLEUM CORPORATION LIMITED,

A , Block Office Complex, Gautam Nagar, BHOPAL- 462023, MADHYA PRADESH

Contact N0—0755-2784958, 4232251/09826020983

4. The tenders will be opened at the address given below at 15.30 hrs on 05.04.16 in

presence of the tenderers. Only authorsied staff of the tenderers are allowed to

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attend the opening of technical bid. The authorized representative should bring letter to this effect. No separate intimation will be given in this regard unless there is a change in time/date/venue. All Tenderers should bring their rubber stamp/ letter heads.

5. The tender should be strictly in line with the terms and conditions. Any tender not

conforming to the terms and conditions prescribed in the tender documents shall be summarily rejected

COUNTER TERMS AND CONDITIONS WILL NOT BE ACCEPTED. OVERWRITING WILL NOT BE ACCEPTED

6. The tenderers meeting minimum qualification criteria for the respective tenders

will only be considered for commercial bids opening after evaluation of Technical bids of all participating and valid tenders. After scrutiny of the ‘technical bids’ by BPCL, the eligible price bids will be opened and the eligible tenderers will be notified.

7. All rates quoted in commercial bid should be both in words and figures. In case of

any difference between the two, the rates quoted in words shall be considered as final and authentic. Also the rate should be quoted in the same units as mentioned in the tender schedule.

8. The tenderer should study all the operations/ local conditions at the concerned

location, loading/unloading point/s and route/s. Tenderers would be presumed to have understood the scope of operations and got acquainted themselves with the working conditions existing at the location, before submission of the tender.

9. Tenders not meeting the tender terms & conditions or incomplete in any respect

or with any additions/deletions or modifications are liable to be summarily rejected without any further communication to the tenderers and decision of BPCL in this respect will be final and binding.

10. Tenderer should submit all the details and enclosures as has been asked in the

tender form. Incase any of the information is not applicable to the tenderer, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for may be a ground for rejecting the tender.

11. Tenderer / his authorized representative may be present during the opening of

tender on the scheduled date and time. 12. Tender terms and conditions mentioned in the tender should be carefully studied.

All the pages of the tender documents should be duly filled along with required enclosures and should be signed and rubber stamped as a token of acceptance of the terms and conditions therein and submitted to BPCL.

13. Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be done based on the total cash

outflow for the contract period. 14. If required, the negotiations/counter offer exercise will be carried out only with L1

tenderer and the revised rates accepted by them during negotiations/ counter offers will be finalized as L1 rate of the concerned location.

15. BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates

quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of BPCL in this regard will be final and binding.

16. Each page of the tender document is to be signed by the legally authorized

representative of the tenderer, with the official seal.

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17. If additional sheets are required, then number of such extra pages used should be indicated in the Covering letter.

18. All entries are to be made in ink. Over-writing/ using white ink / erasing out is not

permitted. All corrections are to be made by scoring out incorrect entries, and such corrections are to be signed by the legally authorized representative of the tenderer, with the official seal. Tenders deficient in this respect are liable to be rejected.

SPECIAL INSTRUCTIONS FOR E BIDDDING:

1. Interested parties are invited to submit offer in a two-part bid for subject tender.

2. Please visit the website https://bpcleproc.in Division – Lubes west marketing for participating in the E Tender and submit your bid online

3. The Bid consist of the following documents to be submitted on-line

a. Some Credential / Technical Bid (Un-priced) documents. b. Price Bid for sec. transportation to be submitted online

4. The submission of online bid as well as submission of physical documents shall be up to 15:00 Hrs on 05.04.2016 only.

5. Bids submitted after the due date and time of closing (i.e.after 15:00 Hrs on 05.04.2016 of tender or not in the prescribed format will be rejected. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or other documents to be submitted in physical form due to postal delay etc. No claims on this account shall be entertained.

6. The schedule of Price Bid opening will be advised separately to tenderer who qualifies in the credential / technical bid.

7. Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid / technical bid is found acceptable as defined in tender document.

8. The online portion of the tender shall have to be submitted through the e-procurement system on https://bpcleproc.in. Division – Lubes west marketing

9. The tender document with detailed terms and conditions is also available on our website http://bharatpetroleum.com , but the submission of tender is allowed only through the e-procurement system on https://bpcleproc.in. Division – Lubes west marketing

10. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate of Class IIB/Class III and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Signature Certificate and encryption certificate shall be borne by the renderer.

In case any tenderer so desires, he may contact our e-procurement service provider M/s.E PROCUREMENT TECHNOLOGIES LTD, Mumbai on the contact nos. 079- 40016868 for obtaining their Digital Signature Certificate. The Representative can also be contacted at BPCL office, Kharghar, Navi Mumbai, Tel. no 022 27764464 (Mr. Aamir Sayyad). E procurement technologies can also be contacted on

[email protected] & [email protected]

Directions for submitting online offers, electronically, against e-procurement tenders directly through internet:

a. Tenderers are advised to log on to the website (http://bpcleproc.in) and arrange to register themselves at the earliest.

b. The system time (IST) that will be displayed on e-procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

c. Tenderers are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the renderer

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http://bharatpetroleum.com/


mailto:[email protected]

mailto:[email protected]

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intends to change /revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.

d. Bids / Offers shall not be permitted in e-procurement system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

e. Tenderers shall submit price bids only through e-bidding and no physical documents with respect to price bids should be submitted. In case tenderer submits such physical documents for price bids, the same shall not be considered.

f. In case of any clarification pertaining to e-procurement process, the vendor may contact M/s.E PROCUREMENT TECHNOLOGIES LTD, Mumbai on the contact nos. 079 40016868 OR Mr. Aamir Sayyad on Tel. no 022 27764464

Last Date for submitting the duly filled in technical / commercial bid in the e-portal with tender documents completed in all respects is 05.04.2016 on or before 15:00 Hrs (IST) and the technical bid will be opened at 15:30 hrs in the presence of tenderers on the same day at the office of TM Lube Bhopal’s address stated above

Technical bids along with list of documents as detailed below should be submitted in physical / soft forms on or before closing date and time specified above.

11. .Submission of Technical/ Commercial Bid: Details of documents to be submitted on-line and in physical form.

Sr. No.

Particulars Submission Online Only

Submission of Physical Document Only

1 Notice Inviting E Tender and Annexure A YES

2 Checklist by tenderers (Annexure B) YES

3 Statement of Credentials (Annexure C) YES

4 General Terms and conditions, Scope & responsibilities of Lubes Secondary Transporter and Common terms & conditions (Annexure D)

YES

5 Draft Lubes secondary transport agreement (Annexure E) YES

6 Bank Guarantee format (Annexure F) YES

7 Notarised Declaration by by tenderer (Annexure G) YES

8 Commercial Bid” under Price Section YES

9 Technical evaluation format -(Annexure H) YES

10 EMD for Rs.1,00,000 (Rupees one lac only) by way of demand draft

YES

11 Cost of the tender document of Rs.1,000 (Rupees One Thousand only) by way of demand draft

YES

12 Notarized Copy of work experience/other business i.e. LOI, agreements issued by the clients.

YES

13 Notarized copy of the last three years audited balance sheet, P & L account and auditors report.

YES

14 Notarized copy of the last three years Income Tax Returns

YES

15 Solvency Certificate (in original) issued by a Scheduled Bank

YES

16 Original Power of Attorney for the authorized signatory in case of firms other than proprietor.

YES

17 Notarized copy of PAN card in the name of tenderer and ward / circle / range where assessed to income tax

YES

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Please ensure submission of documents strictly as per table mentioned above, failing which offers may be rejected out rightly. Any other document not mentioned above e.g copies of vehicle RC book etc. can be submitted in physical form with other technical documents.

PRICE BID:

1) Tenderers are required to submit commercial Bid online only through e-procurement system on https://bpcleproc.in under their login ID only..

2) No physical document with respect to Price Bids should be submitted. In case

tenderer submits such physical documents for Price Bids, the same shall not be considered.

3) Tenderers should quote rates for all the items specified in Price Bid of this

tender. In case any tenderer has not quoted for all the items, his offer will not be considered.

4) No responsibility will be taken by BPCL for any delay due to connectivity and

availability of website.

Thanking You, Yours faithfully, For BHARAT PETROLEUM CORP. LTD

________________ _____________ Territory Manager (Lubes), BHOPAL Encl: as above


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ANNEXURE – B

Date:____________

To, Territory Manager Lubes Bharat Petroleum Corporation Limited, Bhopal

Dear Sir,

Sub: Check list for submitting tender for Secondary Transportation Contract for Lubricants Depot at RAIRU With reference to your tender enquiry ref No. WR/Sec. trpt./RAIRU/2016-2018 dated 25/02/16, we are submitting the following documents & enclosures for your consideration.

1. (A)—Notice inviting tender and Annexure A—On line

(B)—Annexure B duly filled, signed and stamped—Physical form

2. Statement of credentials(Annexure C)—duly filled in, signed and rubberstamped—Physical form

3. General Terms & Conditions, Scope & Responsibilities of the Secondary Transporter (Annexure D) digitally signed for having read, understood and agreeing to comply with the same—On line.

4. The Secondary Transporter draft Agreement (Annexure E) digitally signed for having read, understood & agreeing to comply with the same.—On line

5. Bank Guarantee format (Annexure F digitally signed for having read, understood & agreeing to comply with the same.—On line

6. Solvency certificate (original) for Rs. 10 lacs (Rupees Ten Lacs) issued by a scheduled bank on their letter head clearly stating that the tenderer is solvent to the extent of minimum of Rs. 10 Lacs, issued during the last three months—Physical form

7. Declaration by Tenderer (Annexure G) in physical form.

8. EMD vide DD no._____________ dt.___________ for Rs 100,000 (Rupees one lakh only) drawn on __________________________________ bank which is a scheduled bank in favour of ‘Bharat Petroleum Corporation Limited’ payable at MUMBAI. Name of the tenderer has been mentioned on the reverse of DD. In Physical form

9. Tender Document Fee vide DD no._____________ dt.___________ for Rs 1000 (Rupees One Thousand only) drawn on __________________________________ bank which is a scheduled bank in favour of ‘Bharat Petroleum Corporation Limited’ payable at MUMBAI.

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.(since we have downloaded tender paper from website www.bharatpetroleum.in). Name of the tenderer has been mentioned on the reverse of DD. In Physical form

10. Notarized copy of work experience certificate for transporation, i.e. letter of intents or agreements issued by clients during the last 5 years. Applicants who have operated as transporter with BPCL should necessarily obtain and enclose a certificate for satisfactory performance from concerned Territory Manager which should be issued within one month of issue of above tender. Also in case transporter is applying for the same depot sec. transportation, then the performance will be evaluated against the performance certificate for the concerned Depot only.—In Physical form

11. Notarized copy of last three years audited balance sheet & Profit and Loss a/c and auditors report along with last 3 years Income Tax Returns. In case of the individual or the firm is not required to get the P&L and balance sheet audited even then the tenderer should enclose P&L statement duly signed by Chartered Accountants. In Physical form

12. Notarised Xerox copy of registration document, of 2 MT LCV-in physical form

13. Notarised copy of PAN card in the name of tenderer/proprieter. Notarised copy of income tax returns of last three years—In Physical form

14. Original power of attorney for the authorized signatory in case of firms other than sole proprieter, --In Physical form

15. Commercial Bid—On line

We confirm having understood that above documents are mandatory and our tender will be summarily rejected by BPCL on non submission of any of the above documents mentioned from serial No 1 to 15 without any communication to us

SIGNATURE :______________________ NAME :______________________ FIRM’S NAME :______________________ ADDRESS :______________________ ______________________ DATE :_______________________ :

RUBBER STAMP OF THE FIRM/proprietor

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ANNEXURE-C

STATEMENT OF CREDENTIALS Date :

To, TM,Lubes, Bharat Petroleum Corporation Limited, Bhopal. Dear Sir,

Subject : Statement of Credentials We are submitting the following Statement of Credentials: 1. Name of the Firm/Proprietor : 2. Status of the Firm : (State whether Public Ltd. Co., Private Ltd. Co., Partnership, Co-op. Society or Sole Proprietor) 3. Year of Establishment : 4. Registration Number, if any : 5. Registered Postal Address : 6. Telephone Number : 7. Address of Branches, if any : 8. Names of all Directors/ Partners/ : Proprietor as the case may be/ with address and Telephone Nos.

9. Name of authorised signatory : (attach Original copy of power of attorney for tenderers other than sole proprietor) 10. Permanent Income Tax Number :

(attach notarized copy of PAN & in case not yet allotted by IT.dept., attach notarized xerox copy of your application for PAN)

11. Name of Bankers & Branch with : full address 12. Type of Account & Account Nos. :

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13. Experience :

a) Total experience in business

b) Nature of Business :

c) Geographical area handled : (please enclose notarized copy of work experience certificate i.e. Letter of intent or agreement copy issued by the clients who are reputed multinational / public sector / FMCG companies etc.for all above ) 14. Please confirm whether you have qualified/trained/experienced staff on your roll to handle this job. : Yes / No 15. Details of business presently in hand :

a) Nature of business : b) Client : c) Validity of the contract : d) Value of Contract (Rs/PA) : (attach notarized copy of Letter of intent or agreement copy)

e) Area of Operation :

16. a) Whether transport vehicle of 2 MT LCV/Smaller Vehicle is/are available If you are owning the LCV and Smaller Vehicle then please submit the Xerox

copy of the documents. Tenderer owning the LCV and smaller vehicle will get preference over the one

who does not own the LCV. b) Please provide the following details:

In case of attached vehicles, please attach Notarised Copy of Proof of Attachment c) If not owning the LCV, confirm the same shall be made available within 15 days of issue of LOI : YES / NO d) Capacity of vehicle available (Tonnage)/Proposed :

Vehicle type Owned Attached Total

LCVs ( 2 MT)

Smaller Vehicle

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Confirmation by Tenderers: We confirm that our offer will remain valid for acceptance by you up to 120 days from the date of opening of Tender. We do hereby certify that all the information as provided above is correct and true in all respects & in case any information is found to be false or incorrect, we understand that BPCL can reject/terminate our offer. We have read, understood what is stated in General Terms & Conditions, Scope & Responsibilities of Lubes Secondary Transporter, Agreement for Lubes Secondary Transporter, Bank Guarantee format and fully agree to comply with the same. SIGNATURE :______________________ NAME:_________________________ FIRM’S NAME :______________________ DATE :_______________________ ADDRESS:_________________________ RUBBER STAMP

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ANNEXURE-D

TERMS,CONDITIONS,SCOPE & RESPONSIBILITIES

1. During the currency of this agreement :

a. Secondary Transportation payment will be based on the following:

I. Ist Zone - supplies up to 50 Km radius from Supply location. – The

transportation payment will be based on fixed rate i.e Rs/MT (gross SKU weight)

II. IInd Zone - supplies from Supply Location will be based on Rs./MT/KM beyond 50 KM (Gross SKU weight). It will be paid in two parts i.e fixed rate upto 50 kms on Rs./MT basis. For the quantities delivered beyond 50 Kms the charges payable will be fixed charges of upto 50 km distance plus per MT/KM from 51st kms onwards till the destination of the customer.

III. Secondary transportation payment will be made on one way distance basis based on distance between Depot and Dealer / Customer. In cases where vehicle is loaded with products of more than one dealer / customer and multiple deliveries have been made beyond 50 Kms, the MT & KM for each dealer / customer would be picked up from the respective Invoices.

b) Escalation / De escalation for Secondary Transportation

FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE OF HSD/ PGHSD Increase/ decrease in the transportation rate in Paisa per MT per KM: FORMULA: Increase/ Decrease in 1 liter of HSD/ PGHSD Retail Selling Price (RSP) ex-State Capital cities (within municipal limits) of the supply point concerned inclusive of taxes (with following clarifications)

-------------------------------------------------------------------------------------------------------

Q x 6 Where Q represents notional capacity of a trucks and it is taken as 4 MT and 6 represent distance (6 KMs), which a trucks can run with 1 lit of HSD / PGHSD (loaded or otherwise) for the purpose of calculations.

NOTE:

The retail-selling price of HSD/ PGHSD as on the date of the tender will be the base price. The escalation/ de-escalation of transportation rates will be allowed 1st of every month. Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail Selling Price) of HSD/ PGHSD, and the new transportation rates arrived at on the above dates shall be applicable for a period of subsequent month. Only the increase/ decrease in RSP of HSD/ PGHSD at the State Capital cities (Within Municipal Limits) of the supply point concerned shall be considered and the escalation/ de-escalation factor shall apply for all the Locations coming under the respective State. In case of any dispute, the decision of BPCL shall be final and binding. In case of Zone 1(LFDZ), the net escalation/de-escalation will be calculated after multiplying 50% of the distance specified in LFDZ, with above escalation-de-escalation obtained.

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i) Service Tax on transportation will be payable directly by BPCL to the Excise authority, as applicable from time to time. ii) Taxes as applicable would be deducted from such monthly payment. iii)Secondary transportation rates will be applicable as per Annexure VI.

2. The Secondary Transporter shall provide secondary transportation vehicle for Lubricant

supplies to various customers / Dealers / Distributors etc. ex C&F. He shall provide vehicles of varying capacities depending on Demand from time to time. The Secondary Transporter would have to carry out branding of at least one secondary vehicle with our Lubricants Portfolio as per design given by BPCL. This particular vehicle should be of covered container type.

3. For carrying out the activities, the obligations of the Secondary Transporter shall include:

a) Any DD/Cheque received by the Secondary Transporter from Customers

towards sale of the products to be handed over to the BPCL officials at Rairu Depot.

b) Organise required number of Transportation as advised by BPCL. c) For any financial liability imposed on BPCL by any authorities due to non-

compliance of rules and regulations by the Secondary Transporter, the said amount will be recovered from monthly bills/ security deposit of The Secondary Transporter. If the amount exceeds the security deposit, balance amount to be paid by the Secondary Transporter within 7 days.

d) It should be the endeavor of the Secondary Transporter to provide maximum number of trucks on daily basis so as to complete the deliveries. In case the trucks are detained overnight by the Secondary Transporter for reasons unknown to BPCL or due to inability of the Secondary Transporter to complete deliveries, BPCL shall recover detention charges as deemed fit.

e) The Secondary Transporter shall maintain daily records of supplies executed.

f) Within seven days from the date of letter of Intent, the Secondary Transporter shall furnish BPCL a security deposit by way of bank guarantee issued by a scheduled bank for Rs. 10 lakhs ( Rs. Ten Lakhs only). The Bank Guarantee format is attached as Annexure The Bank Guarantee shall remain valid for a period of two years and an additional six months (i.e. validity of BG will be contract period plus Six months). It shall be lawful for BPCL to adjust the bank guarantee amount against all pending or future dues and also to appropriate the entire bank guarantee or any part thereof against losses, damages, or expenses arising out of the Secondary Transporter’s failure or negligence to observe any terms and conditions of this contract. This is without prejudice to other remedies available to BPCL.

4. The Secondary Transporter would also have the following obligations :

VEHICLES FOR THE TRANSPORTATION :

i) The Secondary Transporter shall transport packed lubricants in vehicle owned /attached to them having pay load as required by BPCL and having valid permits/licences.

ii) The vehicles will be maintained by the Secondary Transporters in sound mechanical condition at all times.

iii) The vehicles will have adequate staff provided by the Secondary Transporter for efficient operation.

iv) The Secondary Transporter shall immediately provide the registration no. and xerox copy of RC Book and all other particulars of ownership in respect of the vehicles of the Secondary Transporter which will be operated for the purpose of the Corporation under agreement and shall not undertake any changes in respect there of without obtaining prior written consent from the Corporation.

v) All the Secondary Transporter’s vehicles should be registered in the State of loading base within 15 days of award of contract.

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vi) The Secondary Transporter shall ensure that the vehicles provided for the transportation of packed oils shall confirm to the rules regarding transportation of the petroleum products and the provision of Petroleum Act 1976 or any amendment of re-enactment thereof from time to time and rules and orders frame there under.

vii) Only sound vehicles which are in efficient working condition and confirming to Motor Vehicle Act (including the crew if required under the act) as applicable from time to time shall be deployed by the Secondary Transporter for packed oil transportation.

REPLACEMENT /REMOVAL OF VEHICLES :

The Secondary Transporter shall be liable in respect of matters herein under:

1. The contracted vehicle will be made available at all times in roadworthy condition

so as to give uninterrupted service to the company and will be used exclusively for transporting the Company’s products to places nominated by the Company. Should the Secondary Transporter fail to provide the contracted vehicle on any working day, the Corporation shall be at liberty to make suitable alternative arrangement for the transport of their products. All expenditure as also damages/losses incurred by the Corporation in its trade as a result of the breakdown of the Secondary Transporters’ transport arrangement will be deducted from the amounts payable to the Secondary Transporter. Such damages/losses being determined at Corporation's sole discretion, proved that the Secondary Transporter shall not be responsible for any failure to perform or fulfill any term of this agreement, if such performance/fulfillment has been delayed, hindered or prevented by any other of any national, local or other authority or anybody or a person purporting to be or to be acting for such authority.

2. Under no circumstances, the Secondary Transporter shall keep any of his vehicles out of operation for a period of more than 15 days unless otherwise permitted in writing by the Corporation. Should the Corporation require a replacement for this period, the same shall be arranged by the Secondary Transporter immediately. Incase the Secondary Transporter fail to provide vehicles, as agreed, on any reason whatsoever, the Corporation at its sole discretion will be entitled to claim liquidated damages of Rs. 200/- (Rs. Two Hundred Only) per day per vehicle and the Secondary Transporter shall be liable to pay the same within 30 days from the demand without any demur. This right of the Corporation is having under this agreement or in law.

CARRIAGE OF GOODS/OPERATION OF VEHICLES:

1. Depending upon the Corporation’s requirements, the Secondary Transporter shall

make multi-point deliveries in a single trip by any of the trucks contracted to the Corporation.

2. The Secondary Transporter shall obtain at his/their cost, all necessary route permits for plying the vehicles within the State or Inter-State routes for the transportation of the product. Toll/entry/octroi charges will not be reimbursed by the Corporation to the Secondary Transporter.

3. The Corporation does not undertake any responsibility or make any commitment to provide the Secondary Transporter or his employee with facilities such as Office accommodation, canteen, tea, toilet, telephone etc.

4. The Secondary Transporter shall bear and pay the entire operational cost of the vehicles for transportation of the product which shall include, inter-alia, the following:

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Salary and other emoluments for the crew and labour used for loading/unloading of lubricants.

Cost of fuels and lubricating oil required for the operation of the vehicle.

Maintenance and repairs cost of the vehicles.

Licences, Permits, Road Tax, Transit Insurance etc.

All idling charges, loss or delay in transport transit road stoppages, delay in time consumed in loading or unloading lubricants or for any other reasons however on account of operation herein under.

Loading of Packed Lubes from the Lubes godown shall be transporters’ responsibility. Once loaded, they will be deemed to have been collected in sound and non leaky condition.

Unloading at the dealer’s/customer’s premises shall be done by the Secondary Transporter

5. Unauthorized parking of the Secondary Transporter vehicles within Corporation

premises shall not be permitted. 6. It shall be the responsibility of the Secondary Transporter to keep filled or empty

vehicles under his/their safe custody, outside the Corporation’s working hours. 7. Only the staff attached to the contracted vehicles or representatives nominated by

the Secondary Transporter shall be allowed entry inside the Corporation’s premises. It is necessary that the Secondary Transporter shall have a contact office at Rairu / Gwalior and get the Photographs, names and addresses, designations and signatures of their authorised representatives duly registered in advance with the Corporation.

8. The Secondary Transporter shall be solely responsible for the safe custody of the products once these are handed over to them.

9. It will be the Secondary Transporter’s responsibility to:

a. Provide required vehicle(s) every day morning at 8.30 am and as and when informed by Depot In-charge for loading. Ensure the safe and correct delivery of products to the consignee specified.

b. Ensure that product is delivered at destination in the same condition as to

quality and quantity taken delivery from the RAIRU depot. Any infringement of the above will be deemed as unlawful and the Corporation will hold the Secondary Transporters legally responsible for the same. The Corporation also reserves the right in such an event, to forthwith terminate the contract and/ or to impose such penalties on the Secondary Transporters as Corporation may. deem fit.

TRANSIT LOSSES:

1. The Secondary Transporter shall bear the loss of any of the Corporation’s products while in their custody, irrespective of the reason for such loss. The amounts payable to the Corporation on this account shall be Amount equivalent to prevailing MRP (for MRP based packed products) / Dealer Billing Price (Basic listed selling price + Excise Duty) + 20% penal charges on Dealer Billing Price, for non MRP based products calculated at the respective destination on the date of such loss and other incidental outgoing suffered by the Corporation and will be deducted from their bills.

2. The Secondary Transporters shall operate their vehicles at their own risk entirely and the Corporation shall in no case be held responsible for any damage done to the vehicles while on the Corporation work or when parked in their premises.

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TRANSHIPMENT:

The Secondary Transporter shall undertake the movement of the product entrusted to him by the Corporation without transshipping. However, if the transshipment is inevitable, the Secondary Transporter shall advise to the Corporation before hand and also ensure that adequate care and precaution is taken to ensure safe handling of the product. No additional charges will be paid by the Corporation for transshipment.

Accidents occurring during the course of Corporation’s work should be immediately reported by the Secondary Transporters to TM Lubs without delay. This should be followed by a detailed written report from the Secondary Transporter. The Secondary Transporter will be responsible for making necessary arrangements to salvage the product from the vehicle which has met with an accident and to arrange for its return to the corporation’s Depot as directed. Any expenses on this account as well as the loss of product sustained will be on the Secondary Transporter’s account.

PERFORMANCE OF THE SECONDARY TRANSPORTER:

1. If at any time during the currency of this agreement the Secondary Transporter fails to

transport the product as provided herein and / or fails to perform the various other obligations specified in this agreement, the Corporation may in its discretion and without prejudice to its other rights and remedies engage the services of the agencies to perform the obligations and transport the products and in such an event, the Secondary Transporter undertakes to reimburse the Corporation all the additional expenses incurred by the Corporation in this connection. Failure to provide required number of vehicles as may be demanded by our depot in-charge will attract a penalty of Rs. 200/= per truck per failure apart from the debit clause stated above.

2. Nothing herein contained shall prevent the Corporation from engaging any other

Contractor to carry out transportation work similar to the work entrusted to the Secondary Transporter.

3. DETENTION CHARGES:

No detention charges shall be payable by the Corporation to the Secondary Transporter. However, all efforts will be made by the Corporation to avoid delays on its part.

4. In case of supplies to dealers, distributors, and other customers of BPCL, it is very

important that the transporter collects the proper acknowledgement and cheque from the customer and submits the same to the despatching location within 24 hours of despatch. Any deviation in this will hamper the realisation of payment from the customer in time. Hence non-payment or any delay on realisation of payment from the customer for want of proper acknowledgement shall be the sole responsibility of the transporter and any loss on this account to the Corporation shall be debited to the transporters’ account.

THE SECONDARY TRANSPORTER’s EMPLOYEES:

1. For the purpose of carrying out this job the Secondary Transporter shall employ or engage their own personnel. Persons so employed by the Secondary Transporter shall not be deemed to be in employment of BHARAT PETROLEUM CORPN. LTD. and the supervision and control of such employees shall rest always with the Secondary Transporter.

2. The Secondary Transporter shall undertake that no person working for them is a foreigner, shall enter into the premises declared by the Government as “protected places” which shall include the Rairu depot. The Secondary Transporter further undertake to strictly abide by the Defence of India Act and Rules.

3. If however, any claim is made by any employees of the Secondary Transporter against the Corporation for wages, compensation or any sum or dues, the Secondary Transporter agrees to indemnify the Corporation of all such claims and to pay all the expenses which the corporation may incur in defending any proceedings pursuant to such claims.

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4. Unauthorized driving of the Secondary Transporter’s vehicles by his men, who do not possess valid vehicle driving licences within or outside the Corporation’s premises while handling transportation for the Corporation shall not be permitted.

5. The Secondary Transporter and his men shall abide by the rules and regulations of Bharat Petroleum Co. Ltd. when they are within the Corporation’s premises. All safety precautions as per the Corporation’s rules should be observed by the Secondary Transporter and his/their men within Corporation’s premises.

6. The Secondary Transporter will indemnify the Corporation against the consequences

arising out of their or their workmen’s / servant’s / agent’s default or negligence or violation or non-adherence to Municipal/State/Central Acts relating to the carriage of goods. Should the Corporation be held liable for any loss, damage or compensation to their parties arising in relation to the transport operation under this agreement such loss, damage or compensation shall be reimbursed by the Secondary Transporter. The Secondary Transporter shall observe and comply with the requirements of the Minimum Wages Act, the ESI act and all other Industrial / Labour legislation for the time being in force or may later be brought into force governing the relationship between the employer and employees and also undertake to hold the Corporation indemnified against all claims, payments, losses, that Corporation may have to make or suffer on account thereof. The Secondary Transporter shall whenever required by the Corporation or Government official authorized under law, produce for inspection all forms, registers and other papers required to be maintained under the various statutes. The Secondary Transporter will accept liability for payment of compensation in accordance with the provision of the Workmen compensation Act 1923, read with the ESI Act 1948, or amendments thereafter for personal injury caused to any workmen by accident arising out of and in the course of his employment by the Secondary Transporter in the discharge of the Secondary Transporter obligations under the agreement. The Secondary Transporter will indemnify the corporation and keep indemnified from all payments by way of compensation or otherwise which the Corporation may be called upon to make under the provisions of the said act to any such workmen as aforesaid and any expenses incurred by the Corporation in connection with any claim preferred by such workmen and/or against all actions, claims, and demands, whatsoever in respect of any loss, injury or damages whatsoever to any third party, person caused by the Secondary Transporter their workmen, servants and agents.

7. The Secondary Transporter shall not engage any child or bonded labour for handling his

work in connection with this contract or contravene any of the Government rules and regulation in this regard.

8. The Secondary Transporter should ensure that no person in the vehicle should smoke

and no fire or other ingredients of ignition should be permitted in the vicinity of the vehicle. The vehicle engaged for transportation of lubricants shall not carry any persons other than the crew along with the load.

DAMAGES TO CORPORATION’S PROPERTY/EMPLOYEE: 1. The Secondary Transporter shall remain at all time liable to the Corporation for any loss

or damage caused to any building, plant, machinery or the property of the Corporation due to careless, negligent, inexperienced act or default of the Secondary Transporter, his/their agents, representatives or employees, the Corporation shall be the sole judge as regards the quantum of loss or damage and it shall be entitled to deduct from the amounts payable hereunder to the Secondary Transporter the cost repairs of the amount of loss or damages.

2. The Secondary Transporter will be liable for any loss, any injury to Corporation’s employee due to careless, negligent, inexperienced act or default of the Secondary Transporter, his/their agents, representative or employees.

INSURANCE OF TRANSPORT VEHICLES & PRODUCT:

The Secondary Transporter shall ensure that the vehicles used for the transportation of the product under this agreement are covered by comprehensive insurance policy at his cost. Under no circumstances shall the Corporation be liable to compensate them

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for any loss or damage that may be caused to the vehicles and/or product while engaged in the work under this agreement.

SUSPENSION OF TRANSPORT VEHICLES:

1. The Corporation reserves the right to suspend the vehicles which are suspected to be indulging in any sort of malpractice or any other acts not conducive to the interest of the Corporation such as misbehavior, dishonesty, disobedience, pilferage etc. Such vehicles shall be suspended from the business without, giving any reasons and in all such cases no compensation will be paid to the Secondary Transporter.

2. Duration of the agreement shall be One year from the date of commencement of

operations with an option for extension for a further period of one year at the same rates terms and conditions at the sole discretion of BPCL. However, this agreement can be terminated by BPCL by giving the Secondary Transporter one month’s written notice without assigning any reasons and without liability to pay any compensation.

3. Without prejudice to the clause regarding termination without assigning any reason with

one month notice, BPCL shall have the right to terminate the agreement forthwith without any notice and upon or at any time of the happening of any of the events listed below –

a) If the Secondary Transporter is found negligent or incapable of carrying out the

work contemplated in this agreement. b) If the Secondary Transporter is found guilty of breach of any of the covenants,

conditions and stipulation on his part contained in this Agreement. c) If the Secondary Transporter will commit or suffer to commit any act which, in

the opinion of Regional Manager (Lubes) of BPCL or by whatever designation called, is in violation of any of the condition contained in this Agreement or is prejudicial to the interest or good will of BPCL or their products or brand.

d) If the Secondary Transporter is declared insolvent. e) If the Secondary Transporter does not do any or all of the following : (i) Submit a Bank Gurantee in prescribed format for Rs. 10 lakhs within 7

days of issue of Letter of Intent (ii) Does not commence placement of vehicles as per Corporations

requirement within 7 days of issue of Letter of Intent

1. Upon termination of this Agreement for any reason whatsoever, the Secondary

Transporter will cease to have any right to continue as The Secondary Transporter. Further, account shall be drawn up and balance payment if any, after accounting for damages within fifteen days.

2. Liquidated damages of Rs. 5000/- (Rupees five thousand) per day shall be payable by the Secondary Transporter to BPCL in case of delays in completing handing over of all documents / products / assets.

3. All notices to be sent by either party to the other shall be deemed to be duly communicated if delivered to the other party against acknowledgement at its address referred to in the title of this agreement or sent by Registered A.D.Post.

We confirm having read, understood and agree to comply above.

SIGNATURE :______________________ NAME :______________________ FIRM’S NAME :______________________ ADDRESS :______________________ :______________________ RUBBER STAMP OF THE FIRM: DATE :

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ANNEXURE- E

SECONDARY TRANSPORTATION AGREEMENT (DRAFT)

THIS AGREEMENT made on this day of between Bharat Petroleum Corpn. Ltd., a Company incorporated under Indian Companies Act, 1913 having its’ registered office at Bharat Bhavan, Currimbhoy Road, Ballard Estate, Mumbai-400 001 (hereinafter called “BPCL” which expression shall unless repugnant to the context include its successors and assigns) of the One Part

AND

Mr.________& Mr.__________carrying on business as in the name and style of M/s _______________ having its office at ______________________ hereinafter called “The Secondary Transporter“, which expression shall unless repugnant to the context include heirs, executors, administrators and assigns of the respective partners ) of the Other Part. Whereas BPCL is engaged in the business of refining crude oil and marketing petroleum products throughout India. For better distribution and sale of some of their products like Lubricants, oils and greases at Madya Pradesh and neighboring areas , BPCL was interested in engaging a party as a Secondary Transporter for handling such lubricants oils and greases of BPCL and deliver them to various BPCLs depots / customers as directed by BPCL from time to time and also maintain proper records and do other allied activities. And whereas the Secondary Transporter herein was willing to be so appointed and accordingly parties herein negotiated the terms and conditions hereinafter recorded and NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS :- 1. During the currency of this agreement:

a) Secondary Transportation payment will be based on the following:

I Ist Zone - supplies up to 50 Km radius from Supply location. – The

transportation payment will be based on fixed rate i.e Rs/MT (gross SKU weight)

II. IInd Zone supplies from Supply Location will be based on Rs./MT/KM beyond 50 KM (Gross SKU weight). It will be paid in two parts i.e fixed rate upto 50 kms on Rs./MT basis. For the quantities delivered beyond 50 Kms the charges payable will be fixed charges of upto 50 km distance plus per MT/KM from 51st kms onwards till the destination of the customer.

III. Secondary transportation payment will be made on one way distance basis based on distance between Depot and Dealer / Customer. In cases where vehicle is loaded with products of more than one dealer / customer and multiple deliveries have been made beyond 50 Kms, the MT & KM for each dealer / customer would be picked up from the respective Invoice.

b) Escalation / De escalation for Secondary Transportation

FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE OF HSD/ PGHSD Increase/ decrease in the transportation rate in Paisa per MT per KM:

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FORMULA: Increase/ Decrease in 1 liter of HSD/ PGHSD Retail Selling Price (RSP) ex-State Capital cities (within municipal limits) of the supply point concerned inclusive of taxes (with following clarifications)

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Q x 6 Where Q represents notional capacity of a trucks and it is taken as 4 MT and 6 represent distance (6 KMs), which a trucks can run with 1 lit of HSD / PGHSD (loaded or otherwise) for the purpose of calculations.

NOTE:

The retail-selling price of HSD/ PGHSD as on the date of the tender will be the base price.

The escalation/ de-escalation of transportation rates will be allowed 1st of every month.

Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail Selling Price) of HSD/ PGHSD, and the new transportation rates arrived at on the above dates shall be applicable for a period of subsequent month.

Only the increase/ decrease in RSP of HSD/ PGHSD at the State Capital cities (Within Municipal Limits) of the supply point concerned shall be considered and the escalation/ de-escalation factor shall apply for all the Locations coming under the respective State. In case of any dispute, the decision of BPCL shall be final and binding.

In case of Zone 1(LFDZ), the net escalation/de-escalation will be calculated after multiplying 50% of the distance specified in LFDZ, with above escalation-de-escalation obtained.

Service Tax on transportation will be payable directly by BPCL to the Excise authority, as applicable from time to time.

Taxes as applicable would be deducted from such monthly payment. Secondary transportation rates will be applicable as per format Annexure VII.

2. The Secondary Transporter shall provide secondary transportation vehicle for Lubricant supplies to various customers / Dealers / Distributors etc. ex C&F. He shall provide vehicles of varying capacities depending on Demand from time to time. The Secondary Transporter would have to carry out branding of at least one secondary vehicle with our Lubricants Portfolio as per design given by BPCL. This particular vehicle should be of covered container type.

3. For carrying out the activities, the obligations of the Secondary Transporter shall include:

a) Any DD/Cheque received by the Secondary Transporter from Customers

towards sale of products to be handed over to the BPCL officials at RAIRU Depot.

b) Organise required number of Transportation as advised by BPCL. c) For any financial liability imposed on BPCL by any authorities due to non-

compliance of rules and regulations by the Secondary Transporter, the said amount will be recovered from monthly bills/ security deposit of The Secondary Transporter. If the amount exceeds the security deposit, balance amount to be paid by the Secondary Transporter within 7 days.

d) It should be the endeavor of the Secondary Transporter to provide maximum number of trucks on daily basis so as to complete the deliveries. In case the trucks are detained overnight by the Secondary Transporter for reasons unknown to BPCL or due to inability of the Secondary Transporter to complete deliveries, BPCL shall recover detention charges as deemed fit.

e) The Secondary Transporter shall maintain daily records of supplies executed.

f) Within seven days from the date of letter of Intent, the Secondary Transporter shall furnish BPCL a security deposit by way of bank guarantee issued by a scheduled bank for Rs. 10 lakhs ( Rs. Ten Lakhs only). The Bank Guarantee format is attached as Annexure The Bank

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Guarantee shall remain valid for a period of two years and an additional six months (i.e. validity of BG will be contract period plus Six months). It shall be lawful for BPCL to adjust the bank guarantee amount against all pending or future dues and also to appropriate the entire bank guarantee or any part thereof against losses, damages, or expenses arising out of the Secondary Transporter’s failure or negligence to observe any terms and conditions of this contract. This is without prejudice to other remedies available to BPCL.

4. The Secondary Transporter would also have the following obligations :

I. VEHICLES FOR THE TRANSPORTATION :

(a) The Secondary Transporter shall transport packed lubricants in vehicle owned /attached to them having pay load as required by BPCL and having valid permits/licences.

(b) The vehicles will be maintained by the Secondary Transporters in sound mechanical condition at all times.

(c) The vehicles will have adequate staff provided by the Secondary Transporter for efficient operation.

(d) The Secondary Transporter shall immediately provide the registration no. and xerox copy of RC Book and all other particulars of ownership in respect of the vehicles of the Secondary Transporter which will be operated for the purpose of the Corporation under agreement and shall not undertake any changes in respect there of without obtaining prior written consent from the Corporation.

(e) All the Secondary Transporter’s vehicles should be registered in the State of loading base within 15 days of award of contract.

(f) The Secondary Transporter shall ensure that the vehicles provided for the transportation of packed oils shall confirm to the rules regarding transportation of the petroleum products and the provision of Petroleum Act 1976 or any amendment of re-enactment thereof from time to time and rules and orders frame there under.

(g) Only sound vehicles which are in efficient working condition and confirming to Motor Vehicle Act (including the crew if required under the act) as applicable from time to time shall be deployed by the Secondary Transporter for packed oil transportation.

II. REPLACEMENT /REMOVAL OF VEHICLES :

The Secondary Transporter shall be liable in respect of matters herein under:

(a) The contracted vehicle will be made available at all times in roadworthy condition so as to give uninterrupted service to the company and will be used exclusively for transporting the Company’s products to places nominated by the Company. Should the Secondary Transporter fail to provide the contracted vehicle on any working day, the Corporation shall be at liberty to make suitable alternative arrangement for the transport of their products. All expenditure as also damages/losses incurred by the Corporation in its trade as a result of the breakdown of the Secondary Transporters’ transport arrangement will be deducted from the amounts payable to the Secondary Transporter. Such damages/losses being determined at Corporation's sole discretion, proved that the Secondary Transporter shall not be responsible for any failure to perform or fulfill any term of this agreement, if such performance/fulfillment has been delayed, hindered or prevented by any other of any national, local or other authority or anybody or a person purporting to be or to be acting for such authority.

(b) Under no circumstances, the Secondary Transporter shall keep any of his vehicles

out of operation for a period of more than 15 days unless otherwise permitted in writing by the Corporation. Should the Corporation require a replacement for this period, the same shall be arranged by the Secondary Transporter immediately. Incase the Secondary Transporter fail to provide vehicles, as agreed, on any

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reason whatsoever, the Corporation at its sole discretion will be entitled to claim liquidated damages of Rs. 200/- (Rs. Two Hundred Only) per day per vehicle and the Secondary Transporter shall be liable to pay the same within 30 days from the demand without any demur. This right of the Corporation is having under this agreement or in law.

III. CARRIAGE OF GOODS/OPERATION OF VEHICLES: (a) Depending upon the Corporation’s requirements, the Secondary Transporter shall

make multi-point deliveries in a single trip by any of the trucks contracted to the Corporation.

(b) The Secondary Transporter shall obtain at his/their cost, all necessary route

permits for plying the vehicles within the State or Inter-State routes for the transportation of the product. Toll/entry/octroi charges will not be reimbursed by the Corporation to the Secondary Transporter.

(c) The Corporation does not undertake any responsibility or make any commitment to

provide the Secondary Transporter or his employee with facilities such as Office accommodation, canteen, tea, toilet, telephone etc.

(d) The Secondary Transporter shall bear and pay the entire operational cost of the

vehicles for transportation of the product which shall include, inter-alia, the following:

Salary and other emoluments for the crew and labour used for loading/unloading of lubricants.

Cost of fuels and lubricating oil required for the operation of the vehicle.

Maintenance and repairs cost of the vehicles.

Licences, Permits, Road Tax, Transit Insurance etc.

All idling charges, loss or delay in transport transit road stoppages, delay in time consumed in loading or unloading lubricants or for any other reasons however on account of operation herein under.

Loading of Packed Lubes from the Lubes godown shall be transporters’ responsibility. Once loaded, they will be deemed to have been collected in sound and non leaky condition.

Unloading at the dealer’s/customer’s premises shall be done by the Secondary Transporter

(e) Unauthorized parking of the Secondary Transporter vehicles within Corporation

premises shall not be permitted. (f) It shall be the responsibility of the Secondary Transporter to keep filled or empty

vehicles under his/their safe custody, outside the Corporation’s working hours. (g) Only the staff attached to the contracted vehicles or representatives nominated by

the Secondary Transporter shall be allowed entry inside the Corporation’s premises. It is necessary that the Secondary Transporter shall have a contact office at RAIRU / GWALIOR and get the Photographs, names and addresses, designations and signatures of their authorised representatives duly registered in advance with the Corporation.

(h) The Secondary Transporter shall be solely responsible for the safe custody of the products once these are handed over to them.

(i) It will be the Secondary Transporter’s responsibility to:

i) Provide required vehicle(s) every day morning at 8.30 am and as and when informed by Depot In-charge for loading. Ensure the safe and correct delivery of products to the consignee specified.

ii) Ensure that product is delivered at destination in the same condition as to

quality and quantity taken delivery from the RAIRU depot. Any infringement of the above will be deemed as unlawful and the Corporation will hold the

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Secondary Transporters legally responsible for the same. The Corporation also reserves the right in such an event, to forthwith terminate the contract and/ or to impose such penalties on the Secondary Transporters as Corporation may deem fit.

IV. TRANSIT LOSSES:

(a) The Secondary Transporter shall bear the loss of any of the Corporation’s products while in their custody, irrespective of the reason for such loss. The amounts payable to the Corporation on this account shall be Amount equivalent to prevailing MRP

(for MRP based packed products) / Dealer Billing Price (Basic listed selling price + Excise Duty) + 20% penal charges on Dealer Billing Price, for non MRP based products calculated at the respective destination on the date of such loss and other incidental outgoing suffered by the Corporation and will be deducted from their bills.

(b) The Secondary Transporters shall operate their vehicles at their own risk entirely and

the Corporation shall in no case be held responsible for any damage done to the vehicles while on the Corporation work or when parked in their premises.

V. TRANSHIPMENT:

(a) The Secondary Transporter shall undertake the movement of the product entrusted

to him by the Corporation without transshipping. However, if the transshipment is inevitable, the Secondary Transporter shall advise to the Corporation before hand and also ensure that adequate care and precaution is taken to ensure safe handling of the product. No additional charges will be paid by the Corporation for transshipment.

(b) Accidents occurring during the course of Corporation’s work should be immediately

reported by the Secondary Transporters to TM Lubs without delay. This should be followed by a detailed written report from the Secondary Transporter.

(c) The Secondary Transporter will be responsible for making necessary arrangements

to salvage the product from the vehicle which has met with an accident and to arrange for its return to the corporation’s Depot as directed. Any expenses on this account as well as the loss of product sustained will be on the Secondary Transporter’s account.

VI. PERFORMANCE OF THE SECONDARY TRANSPORTER:

(a) If at any time during the currency of this agreement the Secondary Transporter fails

to transport the product as provided herein and / or fails to perform the various other obligations specified in this agreement, the Corporation may in its discretion and without prejudice to its other rights and remedies engage the services of the agencies to perform the obligations and transport the products and in such an event, the Secondary Transporter undertakes to reimburse the Corporation all the additional expenses incurred by the Corporation in this connection. Failure to provide required number of vehicles as may be demanded by our depot in-charge will attract a penalty of Rs. 200/= per truck per failure apart from the debit clause stated above.

(b) Nothing herein contained shall prevent the Corporation from engaging any other

Contractor to carry out transportation work similar to the work entrusted to the Secondary Transporter.

(c) DETENTION CHARGES: No detention charges shall be payable by the

Corporation to the Secondary Transporter. However, all efforts will be made by the Corporation to avoid delays on its part.

(d) In case of supplies to dealers, distributors, and other customers of BPCL, it is very

important that the transporter collects the proper acknowledgement and cheque

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from the customer and submits the same to the despatching location within 24 hours of despatch. Any deviation in this will hamper the realisation of payment from the customer in time. Hence non-payment or any delay on realisation of payment from the customer for want of proper acknowledgement shall be the sole responsibility of the transporter and any loss on this account to the Corporation shall be debited to the transporters’ account.

VII. THE SECONDARY TRANSPORTER’s EMPLOYEES:

(a) For the purpose of carrying out this job the Secondary Transporter shall employ or engage their own personnel. Persons so employed by the Secondary Transporter shall not be deemed to be in employment of BHARAT PETROLEUM CORPN. LTD. and the supervision and control of such employees shall rest always with the Secondary Transporter.

(b) The Secondary Transporter shall undertake that no person working for them is a foreigner, shall enter into the premises declared by the Government as “protected places” which shall include the RAIRU depot. The Secondary Transporter further undertake to strictly abide by the Defence of India Act and Rules.

(c) If however, any claim is made by any employees of the Secondary Transporter against the Corporation for wages, compensation or any sum or dues, the Secondary Transporter agrees to indemnify the Corporation of all such claims and to pay all the expenses which the corporation may incur in defending any proceedings pursuant to such claims.

(d) Unauthorized driving of the Secondary Transporter’s vehicles by his men, who do not possess valid vehicle driving licences within or outside the Corporation’s premises while handling transportation for the Corporation shall not be permitted.

(e) The Secondary Transporter and his men shall abide by the rules and regulations of Bharat Petroleum Co. Ltd. when they are within the Corporation’s premises. All safety precautions as per the Corporation’s rules should be observed by the Secondary Transporter and his/their men within Corporation’s premises.

(f) The Secondary Transporter will indemnify the Corporation against the consequences arising out of their or their workmen’s / servant’s / agent’s default or negligence or violation or non-adherence to Municipal/State/Central Acts relating to the carriage of goods. Should the Corporation be held liable for any loss, damage or compensation to their parties arising in relation to the transport operation under this agreement such loss, damage or compensation shall be reimbursed by the Secondary Transporter. The Secondary Transporter shall observe and comply with the requirements of the Minimum Wages Act, the ESI act and all other Industrial / Labour legislation for the time being in force or may later be brought into force governing the relationship between the employer and employees and also undertake to hold the Corporation indemnified against all claims, payments, losses, that Corporation may have to make or suffer on account thereof. The Secondary Transporter shall whenever required by the Corporation or Government official authorized under law, produce for inspection all forms, registers and other papers required to be maintained under the various statutes. The Secondary Transporter will accept liability for payment of compensation in accordance with the provision of the Workmen compensation Act 1923, read with the ESI Act 1948, or amendments thereafter for personal injury caused to any workmen by accident arising out of and in the course of his employment by the Secondary Transporter in the discharge of the Secondary Transporter obligations under the agreement. The Secondary Transporter will indemnify the corporation and keep indemnified from all payments by way of compensation or otherwise which the Corporation may be called upon to make under the provisions of the said act to any such workmen as aforesaid and any expenses incurred by the Corporation in connection with any claim preferred by such workmen and/or against all actions, claims, and demands, whatsoever in respect of any loss, injury or damages whatsoever to any third party, person caused by the Secondary Transporter their workmen, servants and agents.

(g) The Secondary Transporter shall not engage any child or bonded labour for

handling his work in connection with this contract or contravene any of the Government rules and regulation in this regard.

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(h) The Secondary Transporter should ensure that no person in the vehicle should smoke and no fire or other ingredients of ignition should be permitted in the vicinity of the vehicle. The vehicle engaged for transportation of lubricants shall not carry any persons other than the crew along with the load.

VIII. DAMAGES TO CORPORATION’S PROPERTY/EMPLOYEE :

(a) The Secondary Transporter shall remain at all time liable to the Corporation for any loss or damage caused to any building, plant, machinery or the property of the Corporation due to careless, negligent, inexperienced act or default of the Secondary Transporter, his/their agents, representatives or employees, the Corporation shall be the sole judge as regards the quantum of loss or damage and it shall be entitled to deduct from the amounts payable hereunder to the Secondary Transporter the cost repairs of the amount of loss or damages.

(b) The Secondary Transporter will be liable for any loss, any injury to Corporation’s employee due to careless, negligent, inexperienced act or default of the Secondary Transporter, his/their agents, representative or employees.

IX. INSURANCE OF TRANSPORT VEHICLES & PRODUCT:

The Secondary Transporter shall ensure that the vehicles used for the transportation of the product under this agreement are covered by comprehensive insurance policy at his cost. Under no circumstances shall the Corporation be liable to compensate them for any loss or damage that may be caused to the vehicles and/or product while engaged in the work under this agreement.

X. SUSPENSION OF TRANSPORT VEHICLES:

(a) The Corporation reserves the right to suspend the vehicles which are suspected to be indulging in any sort of malpractice or any other acts not conducive to the interest of the Corporation such as misbehavior, dishonesty, disobedience, pilferage etc. Such vehicles shall be suspended from the business without, giving any reasons and in all such cases no compensation will be paid to the Secondary Transporter.

(b) Duration of the agreement shall be One year from the date of commencement of

operations with an option for extension for a further period of one year at the same rates terms and conditions at the sole discretion of BPCL. However, this agreement can be terminated by BPCL by giving the Secondary Transporter one month’s written notice without assigning any reasons and without liability to pay any compensation.

(c) Without prejudice to the clause regarding termination without assigning any reason

with one month notice, BPCL shall have the right to terminate the agreement forthwith without any notice and upon or at any time of the happening of any of the events listed below –

i) If the Secondary Transporter is found negligent or incapable of carrying

out the work contemplated in this agreement.

ii) If the Secondary Transporter is found guilty of breach of any of the covenants, conditions and stipulation on his part contained in this Agreement.

iii) If the Secondary Transporter will commit or suffer to commit any act which, in the opinion of Regional Manager (Lubes) of BPCL or by whatever designation called, is in violation of any of the condition contained in this Agreement or is prejudicial to the interest or good will of BPCL or their products or brand.

iv) If the Secondary Transporter is declared insolvent.

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v) If the Secondary Transporter does not do any or all of the following : vi) submit a Bank Gurantee in prescribed format for Rs. 10 lakhs within 7

days of issue of Letter of Intent vii) Does not commence placement of vehicles as per Corporations

requirement within 7 days of issue of Letter of Intent

(d) Upon termination of this Agreement for any reason whatsoever, the Secondary Transporter will cease to have any right to continue as The Secondary Transporter. Further, account shall be drawn up and balance payment if any, after accounting for damages within fifteen days.

(e) Liquidated damages of Rs. 5000/- (Rupees five thousand) per day shall be payable

by the Secondary Transporter to BPCL in case of delays in completing handing over of all documents / products / assets.

XI. REMUNERATION / PAYMENT :

(a) The remuneration for carrying out the said transportation activities will be as

mentioned in the schedule enclosed. (b) The transporter will submit their bills along with proof of receipt by customer (copy

of receipted copy of invoice) on a monthly basis in the form stipulated by the Corporation from time to time. The payment terms are within 30 days from the date of receipt of bills.

(c) The Corporation reserves the right to levy a penalty, determinable at its sole

discretion, in case a carrier misplaces any document and a duplicate is required to be processed unless they provide a satisfactory explanation for the loss.

(d) A suitable charge may be levied, at the Corporation’s discretion for - Billing for

services not rendered by the transporters themselves. (e) The Corporation reserves the right to reject bills received after 6 months from the

date of delivery unless the delay is satisfactorily explained by the transporter. (f) The Corporation reserves the right to call for details, in writing, of bills pending

submission for more than 6 months from the date of delivery of the consignment. (g) Responsibility of collecting cheques, DDs from the credit customers also and

handing over to BPCL Officials at RAIRU Depot for depositing in BPCL bank account would be that of the Secondary Transporter.

5. The Secondary Transporter shall not change constitution of its firm nor dissolve the

partnership nor admit new member as partner nor allow any partner to withdraw from the partnership without obtaining the previous written consent of BPCL. Further, in the event of death of any of the partner or partners of the Secondary Transporter, BPCL shall be entitled to terminate the agreement forthwith or if such right is not exercised within reasonable time, continue the agreement with remaining partners or legal heirs where all the partners are deceased.

6. All notices to be sent by either party to the other shall be deemed to be duly

communicated if delivered to the other party against acknowledgement at its address referred to in the title of this agreement or sent by Registered A.D.Post.

7. Duration of the agreement shall be for total TWO years initially for1 years. w.e.f 13/04/2016 to 12/04/2017 with a provision to extend by another ONE year at the discretion of BPCL

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8. ARBITRATION CLAUSE:

i) Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the Corporation against the contractor or regarding any right, liability, act omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Corporation or of some Officer of the Corporation who may be nominated by the Director (Marketing). The Contractor will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an Officer of the Corporation or that he had dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Corporation he had expressed views on all or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director (Marketing) designate another person to act as arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Corporation if the Director (Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) or the Corporation as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

ii) The award shall be made in writing and published by the Arbitrator within two years

after entering upon the reference or within such extended time not exceeding further twelve months as the Sole Arbitrator shall by writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to hereinabove and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

iii) The arbitrator shall have power to order and direct either of the parties to abide by,

observe and perform all such directors as the arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and / or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration Act 1940 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

iv) The parties against whom the arbitration proceedings have been initiated, that is to

say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such counter-claim, cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

v) The arbitrator shall be at liberty to appoint, if necessary any accountant or

engineering or other technical person to assist him, and to act by the opinion so taken.

vi) The arbitrator shall have powers to make one or more awards whether interim or

otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

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vii) The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require on or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

viii) The parties hereby agree that the courts in the city of Mumbai alone shall have

jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Mumbai only.

9. FORCE MAJEURE CLAUSE

If at any time during the continuance of the this Agreement, the performance in whole or part by either party of any obligation under the this Agreement Order shall be prevented or delayed by reason of any war, hostility, act of public enmity, civil commotion, sabotage, fires, floods, explosions epidemics, quarantine restrictions, strikes, lockouts or Acts of God (hereinafter referred as event), then provided notice of happening of any such event is given by either party to the other within twenty one days from the date of occurrences thereof, neither party shall by reasons of such event be entitled to terminate this contract nor shall either party have any claim for damage against the other in respect of such non-performance. Deliveries under this Agreement Order shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of Head Lubes SBU, Bharat Petroleum Corporation Ltd., as to whether the deliveries have been so resumed or not, shall be final and conclusive. Provided further that the performance in whole or part of any obligation under the contract is prevented/delayed by reason of any such event specified above for period exceeding sixty days, either party may at their option terminate this Agreement. The performance of the respective obligations of the parties under this Agreement shall be resumed as soon such calamities, which have resulted in the non-performance, cease to occur.

10. JURISDICTION:

The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Mumbai only.

11. DUPLICATION OF CLAUSE:

Whenever there is duplication of clause either in the terms and conditions or in the Agreement, the clause, which is beneficial to BPCL, will be considered applicable at the time of any dispute. This agreement sets forth the entire agreement and understanding between the parties to the subject matter and neither party shall be bound by any condition or understanding or representation with respect to the subject matter of this agreement except as duly set forth on or subsequent date hereof in writing and signed by the party or by a proper duly authorized representative.

IN WITNESS WHEREOF the parties have executed these presents on the

day, month and year herein above mentioned.

Signed and delivered by the Signed and delivered by the

Within named duly constituted Attorney of

Secondary Transporter BHARAT PETROLEUM CORPN. LTD.

In the presence of In the presence of

1. 1.

2. 2.

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ANNEXURE – F

DRAFT BANK GUARANTEE ON THE LETTER HEAD OF THE BANK

1) In consideration of Bharat Petroleum Corporation Limited having its registered office at Bharat Bhavan, 4 & 6, Currimbhoy Road, Ballard Estate, P.B.No. 688, Mumbai – 400 001 (hereinafter called "BPCL" ) having agreed to exempt M/S ____________________(Hereinafter called " The Secondary Transporter ") from the demand under the terms and conditions of an Agreement dated ___________ made between “BPCL” and the Lubes The Secondary Transporter M/s ____________for (hereinafter called "the said Agreement") of the Security Deposit for the due fulfillment by the said Lubes The Secondary Transporter of the terms and conditions contained in the said Agreement on production of Bank Guarantee for Rs. 10 lakhs (Rupees Ten Lakhs only), We ____________________ (name of the Bank) (hereinafter referred to as "Bank") at the request of M/s _______________________ (Lubes Secondary Transporter) do hereby undertake to pay to “BPCL” an amount not exceeding Rs. 10 lakhs (Rupees Ten Lakhs only) against any loss or damage caused to or suffered or would be caused to or suffered by “BPCL” by reason of any breach by the said The Secondary Transporter of any of the terms and conditions contained in the said Agreement.

2) We ______________ (name of the Bank) do hereby undertake to pay the

amounts due and payable under this guarantee without any demur, merely on a demand from “BPCL” stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reasons of breach by the “ The Secondary Transporter” of any of the terms and conditions contained in the said agreement or by reason of the Secondary Transporter’s failure to perform the said Agreement. Any such demand on the Bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.10 lakhs (Rupees Ten Lakhs only).

3) We undertake to pay to “BPCL” any money so demanded notwithstanding any

dispute or disputes raised by the “ The Secondary Transporter” in any suit or proceeding pending before any Court or Tribunal or Arbitrator relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this guarantee shall be a valid discharge of our liability under this guarantee for payment there under and the Secondary Transporter shall have no claim against us for making such payment.

4) We______________ (name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of “BPCL” by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till “BPCL” certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said “ The Secondary Transporter” and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before ………(date) we shall be discharged from all liabilities under this guarantee thereafter.

5) We _______________________ (name of the Bank) further agree with “BPCL” that “BPCL” shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said “ The Secondary Transporter” from time to time or to postpone for any time or from time to time any of the powers exercisable by the Company against the said “ The Secondary Transporter” and to forbear or enforce any of the terms and conditions relating to the said Agreement and shall not be relieved from our liability by reason of any such variation or extension being granted to the said “ The Secondary Transporter” for any forbearance, act or omission on the

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part of “BPCL” or any indulgence by “BPCL” to the said “ The Secondary Transporter” or by any such matter or thing whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us.

6) This guarantee will not be discharged due to the change in the constitution of the Bank or the Secondary Transporter.

7) We ___________________ (name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of BPCL in writing.

We confirm having read, understood & agree to comply above.

SIGNATURE : ______________________ NAME : _____________________ FIRM’S NAME : ______________________ ADDRESS : _____________________ : ______________________ : ______________________ DATE : _______________________ RUBBER STAMP OF THE FIRM

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ANNEXURE-G

DECLARATION BY THE TENDERER

We have carefully studied the Tender and submit our offer having fully understood the same. We hereby agree to abide by the fulfill all the terms and conditions set out in the tender form, General terms & conditions, scope & responsibilities of Draft Lubes Secondary Transporter agreement papers and Commercial Bid and which should be deemed to form part of this tender. We return herewith the enclosure duly signed and rubber stamped on each page as a token of our acceptance. Signature of the Tenderer: Full Name of the Tenderer: Rubber Stamp of the tenderer: Address:

Telephone Nos.

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Annexure H

TECHNICAL EVALUATION FOR SECONDARY TRANSPORTER : PARAMETERS & RATING SHEET

Interviews for the tenderers qualifying in the first round based on documents should be held individually, preferably on the same day of opening of the tender. Parameters & Rating system for Secondary Transporter TENDER FOR APPOINTMENT OF SECONDARY TRANSPORTER AT

RAIRU TENDER REF. WR/Sec. trpt./RAIRU/2016-2018

Name of Tenderer :

Main Parameter Max rating

Sub-parameter Description

Max. rating for Sub-parameter

Max. rating for each parameter

Actual scores (marks obtd.)

1.Business capabilities of the tenderer (to be evaluated based on the interview)

20 a)Knowledge on internal controls, , HSE etc

Max.10

Excellent 10

Adequate 6

Not adequate 0

b) Capability to commence operation and deploy trained staffs

Max.10

Within 15 days 5

Within 30 days 3

Beyond 30 days 0

2.Transportation experience

40 a) Experience in Transportation business

Max.20

( Based on documents provided)

Lubricants or Paints 20

FMCG 15

Other than above 12

No experience 0

b) Number of years of C&F experience

Max 10

More than 10 yrs 10

Between 5 to 10 yrs 7

1- 5 years 5

NIL experience 0

c.) Geographical area handled :

Max 10

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Has worked in same area of operation

10

Has worked in same scale of operation in other area

7

Nil experience 0

Main Parameter Max rating

Sub-parameter Description

Max. rating for Sub-parameter

Max. rating for each parameter

Actual scores (marks obtd.)

3.Capability to provide secondary transportation

15 Ability to provide vehicles for transportation from the Depot

Max 15

(Based on documents) a) Owns required number of vehicles

15

b) Can own vehicles within stipulated time

10

c) Can provide attached vehicles

8

d) Not ready to provide 0

4.Financial Capability of the Party

25 a. Current ratio Max.8

(Current Assets:

Current Liabilities)

>2 Max.8

1.5 to 2 Max 5

1 to 1.5 Max 3

b. Debt. Equity ratio :

Max.8

<1 Max.8

1 to 1.5 Max 5

>1.5 Max 3

c. Own capital employed in current business :

Max. 5

Above Rs 10 Lacs Max. 5

Between Rs 5 & Rs 10 Lacs

Max. 4

Upto Rs 5 Lacs Max. 3

d. Turnover from existing business

Max. 4

Above Rs. 15 Lacs Max. 4

Rs. 10 to 15 Lacs Max 3

Less than Rs.10 Lacs

Max 2

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(all above based on documents submitted by the tenderer)

Total 100

Note: Separate sheet should be used for each tenderer.

Sr. No.

Name of the TEC member

Designation Signature

1.

2.

3.

1. For any shortcomings or deficiencies observed by the committee, details / clarifications should be sought from the tenderer and should be mentioned below.

2. For any noting or remarks or specific points or additional information for which column is not available in the above, the same may please be mentioned below:

3. If space is insufficient, please use additional sheet.

Tenderer scoring minimum rating of at least 50% in each main parameter and overall 75% in total only be accepted as Technically qualified.

The TEC shall be as per prevailing DRA guidelines.